Revision: Jan. 17, 2025, 2:33 p.m.
HB 523-FN - AS INTRODUCED
2025 SESSION
25-0427
11/05
HOUSE BILL 523-FN
AN ACT relative to the office of child advocate's oversight of restraint and seclusion reports.
SPONSORS: Rep. DeSimone, Rock. 18
COMMITTEE: Children and Family Law
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ANALYSIS
This bill requires schools and treatment facilities to report incidents of seclusion and restraint of children to the office of the child advocate and provides oversight authority to the office of the child advocate for this purpose.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
25-0427
11/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
AN ACT relative to the office of child advocate's oversight of restraint and seclusion reports.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Oversight of Restraints and Seclusions. Amend RSA 21-V:2 by inserting after paragraph II the following new paragraph:
II-a. Provide independent review and oversight of all restraints and seclusions performed on any child pursuant to RSA 126-U.
2 New Paragraph; Confidential Central Reporting Location. Amend RSA 21-V:2 by inserting after paragraph VIII the following new paragraph:
IX. Designate a confidential central reporting location for restraint and seclusion reports and related material, including notifications.
3 New Subparagraph; Reports of Restraints and Seclusions. Amend RSA 21-V:4, I by inserting after subparagraph (d) the following new subparagraph:
(e) All reports of restraints and seclusions made pursuant to RSA 126-U:7.
4 New Paragraph; Access to Facility and Staff. Amend RSA 21-V:4 by inserting after paragraph I the following new paragraph:
I-a. The office shall, at reasonable times and with reasonable notice, have access to the facility or school where the incident occurred and the facility's or school's staff and administration at the location.
5 Production of Incident Reports; Time Frame. Amend RSA 21-V:7 to read as follows:
21-V:7 Incidents and Fatalities.
I. The [division] agency shall provide the office with a copy of all critical incident reports or other reports related to actual physical injury to children or a significant risk of such harm, as well as other incidents which may affect the safety and well-being of children[ in the custody or control of the department of health and human services], including but not limited to reports related to the restraint and seclusion of any child under the care [and protection of the division] or supervision of the agency, not later than [48 hours] 5 days after the occurrence.
II. The [division] agency shall provide the office with notice of any child fatality or serious injury of a child under its care or supervision or whose safety and the safety of the child's siblings has been or is being assessed, immediately by telephone. The [division] agency shall further provide the office with written report of such fatality or serious injury not later than 48 hours after the occurrence.
III. The agency shall provide the office with all restraint and seclusion reports created pursuant to 126-U:7 within 5 days of the incident. The agency shall submit the reports to a designated confidential central reporting location under RSA 21-V:2, IX.
6 Explanation of Restraint. Amend RSA 126-U:1, IV(e)(2) to read as follows:
(2) The temporary holding of the hand, wrist, arm, shoulder, or back for the purpose of inducing a child to stand, if necessary, and then walk to a safe location, so long as the child is in an upright position and moving toward a safe location. However, if the child is actively combative, assaultive, or self-injurious while being escorted, it is considered a restraint, and the requirements of paragraphs 126-U:7, IV and V shall apply.
7 Written Notification; Submission. Amend the introductory language of RSA 126-U:7, II to read as follows:
II. A facility employee or school employee who uses seclusion or restraint, or if the facility employee or school employee is unavailable, a supervisor of such employee, shall, within 5 business days after the occurrence, submit a written notification to the designated confidential central reporting location under RSA 21-V:2, IX, on a form developed by the department of education and department of health and human services, in consultation with the office of the child advocate, containing the following information to the director or his or her designee:
8 Office of the Child Advocate; Classified Positions Established; Appropriation.
I. The following classified positions are established in the office of the child advocate to support the review and oversight of restraint and seclusion reports, and the expansion to include restraint and seclusion reports from schools:
(a) One assistant child advocate position, 23-1020 Admin Law Judges-3 (SOC 23, pay band 6, step 1).
(b) Two case aide positions, 21-1090-MISC SOC SVC SPECS-2 (SOC 21, pay band 2, step 1).
(c) One children’s services analyst position, 15-2050 Data Scientists-2 (SOC 15, pay band 6, step 1).
II. The sum necessary to fund the positions established in paragraph I of this section shall be appropriated to the office of the child advocate for each year of the biennium ending June 30, 2027. Notwithstanding RSA 14:30-a, for the purpose of funding the positions established in paragraph I, the office may accept and expend matching federal funds without prior approval of the fiscal committee of the general court. The governor is authorized to draw a warrant for the general fund portion of said sum out of any money in the treasury not otherwise appropriated.
9 Effective Date. This act shall take effect July 1, 2025.
25-0427
Revised 1/16/25
HB 523-FN- FISCAL NOTE
AS INTRODUCED
FISCAL IMPACT: This bill provides an appropriation in Section 8 and authorizes four new positions.
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Estimated State Impact | ||||||
| FY 2025 | FY 2026 | FY 2027 | FY 2028 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund(s) | None | |||||
Expenditures* | $0 | $365,000 | $368,000 | $379,000 | ||
Funding Source(s) | General Fund | |||||
Appropriations* | $0 | $365,000 | $368,000 | $0 | ||
Funding Source(s) | General Fund | |||||
*Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill | ||||||
METHODOLOGY:
This bill requires schools and treatment facilities to report incidents of seclusion and restraint of children to the Office of the Child Advocate (OCA) and provides oversight authority to the OCA for this purpose. Additionally, it establishes four classified positions in the OCA to support the review and oversight of restraint and seclusion reports, and the expansion to include restraint and seclusion reports from schools.
The Office of the Child Advocate (OCA) intends to not only review and oversee school restraint and seclusion reports but also identify gaps within the current system. To manage this additional workload, the OCA will require the four positions funded by this bill, as the current staff is already operating beyond capacity with just the restraint and seclusion residential facilities' reports currently reviewed and analyzed by three staffers (two Case Aides and one Children's Services Analyst). The Assistant Child Advocate works with the Executive Branch agencies and facilities. These four new positions will replicate the current process for all school restraint and seclusion reports.
The position salaries are as follows.
FISCAL IMPACT (ROUNDED) | |||
| FY 2026 | FY 2027 | FY 2028 |
Assistant Child Advocate Salary and Benefits (1 position) | $92,500 | $97,500 | $101,000 |
Computers, software, office equipment, travel, and other supplies for Assistant Child Advocate (1 position) | $18,500 | $15,500 | $16,000 |
Case Aide Salary and Benefits (2 positions) | $142,800 | $146,250 | $150,200 |
Computers, software, office equipment, travel, and other supplies for Case Aides (2 positions) | $9,200 | $5,750 | $5,800 |
Children’s Services Analyst Salary and Benefits (1 position) | $93,000 | $97,500 | $100,500 |
Computers, software, office equipment, travel, and other supplies for Children's Services Analyst (1 position) | $9,000 | $5,500 | $5,500 |
Total Estimated Cost | $365,000 | $368,000 | $379,000 |
Note that the position of Assistant Child Advocate requires extensive travel and other miscellaneous costs noted in the table.
The bill contains language that appropriates sufficient General Funds to cover the cost of the positions in FY 2026 and FY 2027. The bill does not provide an appropriation for FY 2028. Additionally, the office may accept and expend matching federal funds without prior approval of the Fiscal Committee.
AGENCIES CONTACTED:
Office of the Child Advocate